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The paths forward if you want to challenge a prenup

A prenuptial agreement is an important contract nowadays that can protect both spouses in a marriage. Many issues can be addressed in the prenuptial agreement, and these matters can help a couple with their marriage or expedite the divorce process, should the relationship come to that. But one thing that a prenuptial isn't is impregnable.

Prenups received a reputation as being ironclad contracts that simply couldn't be challenged many decades ago. While prenups are usually upheld and go through without incident or challenge, that doesn't mean there aren't circumstances that could warrant a challenge -- one that may end up being successful.

So what are some of these circumstances that could lead to a successful legal challenge of a prenuptial agreement? Here are a few:

  • Time and consideration. If you were pressured into signing a prenuptial agreement, or if you didn't get enough time to fully consider the prenup that was presented to you, then the contract could be thrown out.
  • Illegal or false information. If there are provisions in the prenup that are illegal, they can be tossed out. Additionally, any incorrect, false or incomplete information could lead to part or all of a prenup being thrown out.
  • "Unconscionability." This is the idea that a prenuptial agreement should be fair in scope and purpose. This is conscionable. But when a prenup is so lopsided and unfair, it could be deemed "unconscionable" by a judge and, thus, tossed out.

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," Accessed June 8, 2017

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